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Taxation of Individuals 2016 Edition 7th Edition Spilker Solutions Manual 1
Taxation of Individuals 2016 Edition 7th Edition Spilker Solutions Manual 1
Chapter 5
Gross Income and Exclusions
SOLUTIONS MANUAL
Discussion Questions
1. [LO 1] Based on the definition of gross income in §61 and related regulations, what is the general
presumption regarding the taxability of income realized?
§61(a) defines gross income as all income from whatever source derived. Reg. §1.61-(a)
provides further insight into the definition of gross income as follows: Gross income means
all income from whatever source derived, unless excluded by law. Gross income includes
income realized in any form, whether in money, property, or services. Thus, the general
presumption regarding any income realized is that it is taxable, unless otherwise excluded
by law.
2. [LO 1] Based on the definition of gross income in §61, related regulations, and judicial rulings,
what are the three criteria for recognizing taxable income?
Based on §61(a), Reg. §1.61-(a), and various judicial rulings, taxpayers recognize gross income
when (1) they receive an economic benefit, (2) they realize the income, and (3) no tax provision
allows them to exclude or defer the income from gross income for that year.
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Solutions Manual – McGraw-Hill’s Taxation
determinable value. The concept of realization for tax purposes closely parallels the
concept of realization for financial accounting purposes. Requiring a transaction to
trigger realization reduces the uncertainty associated with determining the amount of
income because a change in rights can typically be traced to a specific moment in time and
is generally accompanied by legal documentation.
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Solutions Manual – McGraw-Hill’s Taxation
sale proceeds is generally not considered to be a return of capital, but rather a loss that is
deductible only if specifically authorized by the tax code.
8. [LO 1] Compare how the return of capital principle applies when (1) a taxpayer sells an asset and
collects the sale proceeds all immediately and (2) a taxpayer sells an asset and collects the sale
proceeds over several periods (installment sales). If Congress wanted to maximize revenue from
installment sales, how would they have applied the return of capital principle for installment sales?
The return of capital principle states that the proceeds from a sale are not income to the extent of
the taxpayer’s cost or investment in the asset. When the proceeds are collected over several
periods, the return of capital principle is usually modified by the law to provide that the return of
capital occurs evenly (pro rata) over the collection period. To maximize revenues, the government
might require for the return of capital to occur at the end of the collection; whereas, taxpayers
normally prefer for the return of capital to occur at the beginning of the collection period to allow
them to defer recognizing income from the transaction.
9. [LO 1] This year Jorge received a refund of property taxes that he deducted on his tax return last
year. Jorge is not sure whether he should include the refund in his gross income. What would you
tell him?
If the refund is made for an expenditure deducted in a previous year, then under the tax benefit
rule the refund is included in gross income to the extent that the prior deduction produced a tax
benefit. In this case, if Jorge deducted the property taxes (and received a tax benefit or tax savings
from the deduction) on his prior year tax return, he must include the refund in his gross income this
year to the extent the property taxes resulted in a tax benefit. If he did not deduct property taxes on
his tax return last year, he is not required to include the refund in his gross income.
10. [LO 1] Describe in general how the cash method of accounting differs from the accrual method.
Under the cash method taxpayers recognize income in the period they receive it. Under the
accrual method, they recognize income when they earn it rather than when they receive it.
Likewise, cash basis taxpayers are entitled to claim deductions when they make expenditures.
Under the accrual method, taxpayers deduct expenses when they incur or accrue the associated
expenditure.
11. [LO 1] Janet is a cash-basis calendar-year taxpayer. She received a check for services provided in
the mail during the last week of December. However, rather than cash the check, Janet decided to
wait until the following January because she believes that her delay will cause the income to be
realized and recognized next year. What would you tell her? Would it matter if she didn’t open
the envelope? Would it matter if she refused to check her mail during the last week of December?
Explain.
The constructive receipt doctrine states that a taxpayer realizes and recognizes income when it is
actually or constructively received. Constructive receipt is deemed to occur when the income has
been credited to the taxpayer’s account or when the income is unconditionally available to the
taxpayer, the taxpayer is aware of the income’s availability, and there are no restrictions on the
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Solutions Manual – McGraw-Hill’s Taxation
taxpayer’s control over the income. This doctrine prevents Janet, a cash basis taxpayer, from
arbitrarily shifting income to a later period by postponing the delivery or acceptance of a payment.
It does not matter if she refuses to open the envelope or check her mail, because the income is
unconditionally available to her, she is aware of the income’s availability, and there are no
restrictions on her control over the income.
12. [LO 1] The cash method of accounting means that taxpayers don’t recognize income unless they
receive cash or cash equivalents. True or false? Explain.
False - under the cash method, taxpayers recognize income in the period they receive it (in the
form of cash, property, or services).
13. [LO 1] Contrast the constructive receipt doctrine with the claim of right doctrine.
The constructive receipt doctrine states that a taxpayer realizes and recognizes income when it is
actually or constructively received. Constructive receipt is deemed to occur when the income has
been credited to the taxpayer’s account or when the income is unconditionally available to the
taxpayer, the taxpayer is aware of the income’s availability, and there are no restrictions on the
taxpayer’s control over the income. In contrast, the claim of right doctrine states that income has
been realized if a taxpayer receives income and there are no restrictions on the taxpayers use of
the income (for example, the taxpayer does not have an obligation to repay the amount). Thus, the
constructive receipt applies where the taxpayer has not yet actually received income (but it has
been credited to the taxpayer’s account or is unconditionally available), whereas the claim of right
doctrine applies when the taxpayer has received an item of income and the question is whether the
taxpayer has an unrestricted right to the income.
14. [LO 1] Dewey is a lawyer who uses the cash method of accounting. Last year Dewey provided a
client with legal services worth $55,000, but the client could not pay the fee. This year Dewey
requested that in lieu of paying Dewey $55,000 for the services, the client could make a $45,000
gift to Dewey’s daughter. Dewey’s daughter received the check for $45,000 and deposited it in her
bank account. How much of this income is taxed, if any, to Dewey? Explain.
A cash method taxpayer recognizes income on the value of property received, so $45,000 of income
will be recognized in this year. The assignment of income doctrine holds that earned income is
taxed to the taxpayer providing the goods or services. Hence, Dewey and not his daughter is taxed
on the entire amount of service income. Because the money went to Dewey’s daughter, his
daughter will be treated as though she received a gift from Dewey.
15. [LO 1] Clyde and Bonnie were married this year. Clyde has a steady job that will pay him about
$37,000 while Bonnie does odd jobs that will produce about $28,000 of income. They also have a
joint savings account that will pay about $400 of interest. If Clyde and Bonnie reside in a
community property state and file married-separate tax returns, how much gross income will Clyde
and Bonnie each report? Any difference if they reside in a common law state? Explain.
In a community property state each spouse will report exactly half of the income earned by the
other. Hence, Bonnie and Clyde will each report $32,700 ($18,500+$14,000+$200). In a
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Solutions Manual – McGraw-Hill’s Taxation
common law state, Bonnie will report $28,200 which is her separate income ($28,000) plus half of
the joint income ($200). Likewise, Clyde will report $37,200.
16. [LO 2] Distinguish earned income from unearned income, and provide an example of each.
Earned income is income derived from services and includes compensation and other forms of
business income received by a taxpayer even if the taxpayer’s business is selling inventory. In
contrast, unearned income is income derived from property. Salary is a good example of earned
income whereas interest is an example of unearned income.
17. [LO 2] Jim purchased 100 shares of stock this year and elected to participate in a dividend
reinvestment program. This program automatically uses dividends to purchase additional shares of
stock. This year Jim’s shares paid $350 of dividends and he used these funds to purchase shares of
stock. These additional shares are worth $375 at year-end. What amount of dividends, if any,
should Jim declare as income this year? Explain.
Jim is taxed on $350 of dividend income because under constructive receipt he had the ability or
power to obtain or control the dividend income. That is, the tax laws treat the dividend as though
Jim received the dividend and then used it to acquire the new stock. The value of the stock at the
end of the year is not relevant, because Jim has not realized the appreciation on the stock he
purchased.
18. [LO 2] Jerry has a certificate of deposit at the local bank. The interest on this certificate was
credited to his account on December 31 of last year but he didn’t withdraw the interest until
January of this year. When is the interest income taxed?
Jerry should include the interest in gross income last year, because he is a cash method taxpayer,
and he is treated as having received the income when it is paid or credited to his account. At that
point, he has control over the interest income.
19. [LO 2] Conceptually, when taxpayers receive annuity payments, how do they determine the
amount of the payment they must include in gross income?
Payments taxpayers receive from an annuity they have purchased consist of both income and
return of the initial cost or investment in the annuity. Consistent with the return of capital
principle the proceeds are not income to the extent of the taxpayer’s investment in the asset. As
proceeds are collected over several periods, the law provides that the return of capital occurs
evenly (pro rata) over the collection period for fixed term annuities or over the expected collection
period for life annuities.
20. [LO 2] George purchased a life annuity to provide him monthly payments for as long as he lives.
Based on IRS tables, George’s life expectancy is 100 months. Is George able to recover his cost of
the annuity if he dies before he receives 100 monthly payments? Explain. What happens for tax
purposes if George receives more than 100 payments?
If George dies before receiving the expected number of payments, the amount of unrecovered
investment (the initial investment less the amounts received treated as a nontaxable capital
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This will make 18 gallons.
“When the must,” says Mr. Carnell, “has fermented 2 days, (during
which time it should be stirred up two or three times,) take out of the vat
about two or three quarts of the stones, and break them and the kernels,
and then return them into the vat again.”
187. Another.
Gather the damsons on a dry day, weigh them, and bruise them. Put
them into a stein that has a cock in it, and to every 8 pounds of fruit add
a gallon of water. Boil the water, skim it, and put it scalding hot to the
fruit. Let it stand two days, then draw it off and put it into a vessel, and
to every gallon of liquor put 2½ lbs. of fine sugar. Fill up the vessel, and
stop it close, and the longer it stands the better. Keep it for twelve
months in the vessel, and then bottle, putting a lump of sugar into every
bottle. The small damson is the best for this purpose.
189. Another.
Take cherries, nearly ripe, of any red sort, clear them of the stalks and
stones, then put them into a glazed earthen vessel, and squeeze them to a
pulp. Let them remain in this state for twelve hours to ferment; then put
them into a linen cloth not too fine, and press out the juice with a
pressing board, or any other convenient instrument. Now let the liquor
stand till the scum rises, and with a ladle or skimmer take it clean off;
then pour the clearer part, by inclination, into a cask, where, to each
gallon put a pound of the best loaf sugar, and let it ferment for seven or
eight days. Draw it off, when clear, into lesser casks, or bottles; keep it
cool as other wines, and in ten or twelve days it will be ripe.
195. Another.
Pare five dozen of lemons very thin, put the peels into five quarts of
French brandy, and let them stand fourteen days. Then make the juice
into a syrup with 3 lbs. of single refined sugar, and when the peels are
ready, boil 51 gallons of water, with 40 lbs. of single refined sugar for
half an hour. Then put it into a tub, and when cool, add to it one spoonful
of yeast, and let it work two days. Then tun it, and put in the brandy,
peels, and syrup. Stir them altogether, and close up the cask. Let it stand
three months, then bottle it, and it will be as pale and as fine as any
citron water.
202. Another.
To 6 gallons of water put 15 lbs. of soft sugar; before it boils, add the
whites of six eggs well beaten, and take off the scum as it rises; boil it ½
an hour: when cool, add the juice of fifty oranges, and two-thirds of the
peels cut very thin; and immerse a toast covered with yeast. In a month
after it has been in the cask, add a pint of brandy and 2 quarts of Rhenish
wine: it will be fit to bottle in three or four months, but it should remain
in bottle for twelve months before it is drank.
207. Another.
Fermented mead is made in the proportion of 1 pound of honey to 3
pints of water; or by boiling over a moderate fire, to two-thirds of the
quantity, three parts water and one part honey. The liquor is then
skimmed and casked, care being taken to keep the cask full while
fermenting. During the fermenting process, the cask is left unstopped and
exposed to the sun, or in a warm room, until the working cease. The cask
is then bunged, and a few months in the cellar renders it fit for use. Mead
is rendered more vinous and pleasant by the addition of cut raisins, or
other fruits, boiled after the rate of half a pound of raisins to six pounds
of honey, with a toasted crust of bread, an ounce of salt of tartar in a
glass of brandy, being added to the liquor when casked; to which some
add five or six drops of the essence of cinnamon; others, pieces of lemon
peel with various syrups.
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Take of cold soft water, 6 gallons,
grapes, of any colour, 30 pounds.
Ferment.
Mix treacle, 10 pounds,
beet-root, sliced, 1½ pounds,
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Add rosemary leaves, 2 handsful,
brandy, ½ a gallon.
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Take of cold soft water, 8 gallons,
grapes, of any sort, 100 pounds.
Ferment.
Mix raw sugar, 20 pounds,
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barberry-leaves, 4 handsful,
red tartar, in powder, 6 ounces.
Add coriander seed, bruised, 2 ounces,
brandy, 6 quarts.
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5 lbs. of sugar,
3 oz. of white ginger,
1 oz. of stick liquorice.
Boil them well together; when it is cold put a little new yeast upon it,
but not too much; then put it into the barrel for ten days, and after that
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225. Another.
To seven gallons of water put nineteen pounds of clayed sugar, and
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quantity of the liquor, and add to it nine ounces of the best ginger
bruised. Now put it all together, and when nearly cold, chop nine pounds
of raisins, very small, and put them into a nine gallon cask (beer
measure,) with one ounce of isinglass. Slice four lemons into the cask,
taking out all the seeds, and pour the liquor over them, with half a pint of
fresh yeast. Leave it unstopped for three weeks, and in three months it
will be fit for bottling.
There will be one gallon of the sugar and water more than the cask
will hold at first: this must be kept to fill up, as the liquor works off, as it
is necessary that the cask should be kept full, till it has done working.
The raisins should be two-thirds Malaga, and one third Muscadel. Spring
and autumn are the best seasons for making this wine.